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BECKER v. BEAME

No. 77 Civ. 4922.

454 F.Supp. 867 (1978)

Rose BECKER, Temporary Receiver of the Speedwell Services for Children, Inc., Plaintiff, v. Abraham BEAME, as Mayor of the City of New York, Harrison Goldin, as Comptroller of the City of New York, Aaron Klitnick, as Division Chief, Bureau of Audit Charitable Institutions, Office of the Controller, J. Henry Smith, Administrator of the New York City Human Resources Administration, and as Commissioner of the New York City Department of Social Services, Carol J. Parry, as Assistant Administrator of Social Services for Children and the City of New York, Defendants.

United States District Court, S. D. New York.

Decided July 31, 1978.

Attorney(s) appearing for the Case

Bleakley, Platt, Schmidt & Fritz, New York City, for plaintiff by Thomas B. Gilchrist, Jr., Alan M. Epstein, Donald P. Kelley, New York City, of counsel.

Allen G. Schwartz, Corp. Counsel, New York City, for defendants by Theodore Gilbert, New York City, of counsel.

OPINION

SWEET, District Judge.

Defendants' motion to dismiss plaintiff's complaint in this action presents a close and novel question of this court's subject matter jurisdiction under 28 U.S.C. § 1331.1

Plaintiff Rose Becker is the Temporary Receiver of the Speedwell Services for Children, Inc. ("Speedwell"), a not-for-profit New York corporation. Pursuant to annual contracts...

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